What is Imprint obligation?
In Austria the duty is spread across several laws. Section 5 of the E-Commerce Act requires, permanently, easily and directly accessible, among other things the name or company name, the geographic address of the establishment, contact details including an email address and, where applicable, the company register number and register court. For activities under official supervision or regulated by trade or professional law, the supervisory authority, the chamber and the applicable rules are added, as is the VAT number where one exists. Companies in the company register are also covered by Section 14 of the Business Code (UGB), traders without an entry by Section 63 of the Trade Act (GewO).
Alongside this sits the disclosure under Section 25 of the Media Act, which is tied to the content. A small website limited to presenting the company itself states the media owner, the business purpose and the registered seat. If the content goes beyond that and is capable of influencing public opinion, the Austrian Economic Chamber's guide speaks of a large website, which additionally needs, among other things, a statement of its basic direction, the so-called Blattlinie. In Germany, provider identification has been governed since May 2024 by Section 5 of the Digital Services Act (DDG): easily recognisable, directly accessible and permanently available, with name and address, for legal entities also legal form and authorised representatives, contact details including an email address, register and registration number and, where applicable, the VAT identification number.
Breaches can cost up to 3,000 euros in Austria under Section 26 ECG and up to 50,000 euros in Germany under Section 33 DDG. The duty does not stop at the website: according to the Austrian Economic Chamber, the provisions apply to every form of electronic content, including company profiles on social networks. In practice, easily and directly accessible means a clearly labelled link that can be reached from every page, usually in the footer.
Why does Imprint obligation matter?
For visitors, the legal notice is the only binding place that says who the contractual partner is and who is liable. Anyone choosing an agency or another service provider can read the legal form, address and responsible persons there and check them against the team page and the proposal. An incomplete legal notice is rarely a major legal case, but it does indicate how carefully someone handles obligations that only get noticed when there is trouble.
Imprint obligation in practice
- 01A limited company states its company register number and register court in the legal notice, so its founding date and management can be looked up in the register.
- 02A contact form alone is not enough: Section 5 ECG and Section 5 DDG explicitly require an email address.
- 03According to the Austrian Economic Chamber, a company profile on a social network is also subject to the information duties, not just the company's own website.
